A-16988, JANUARY 27, 1927, 6 COMP. GEN. 493

A-16988: Jan 27, 1927

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MAY NOT BE MADE TO AN OFFICER OF THE NAVY APPOINTED AS AID TO A REAR ADMIRAL OF THE UPPER HALF UNLESS IT IS ESTABLISHED BY SATISFACTORY EVIDENCE (1) THAT THE AID APPOINTED WILL NOT CAUSE THE MAXIMUM NUMBER AUTHORIZED BY SECTION 1098 OF THE REVISED STATUTES TO BE EXCEEDED. (3) THAT HIS APPOINTMENT WAS MADE BY COMPETENT AUTHORITY FOR DUTY WITH A PARTICULAR OFFICER DESIGNATED BY NAME. (4) THAT THE DUTY HE PERFORMS FOR THE REAR ADMIRAL IS EXCLUSIVELY AND STRICTLY PERSONAL. 1927: THERE WAS RECEIVED DECEMBER 24. IS ENTITLED TO THE $200 ADDITIONAL COMPENSATION AS AID TO REAR ADMIRAL B. THE FOLLOWING ORDER WAS ADDRESSED TO LIEUTENANT HYDE FROM THE BUREAU OF NAVIGATION UNDER DATE OF DECEMBER 3.

A-16988, JANUARY 27, 1927, 6 COMP. GEN. 493

PAY - AID TO A REAR ADMIRAL OF THE NAVY THE ADDITIONAL PAYMENT OF $200 PER ANNUM UNDER THE ACT OF MAY 13, 1908, 35 STAT. 128, MAY NOT BE MADE TO AN OFFICER OF THE NAVY APPOINTED AS AID TO A REAR ADMIRAL OF THE UPPER HALF UNLESS IT IS ESTABLISHED BY SATISFACTORY EVIDENCE (1) THAT THE AID APPOINTED WILL NOT CAUSE THE MAXIMUM NUMBER AUTHORIZED BY SECTION 1098 OF THE REVISED STATUTES TO BE EXCEEDED, (2) THAT HE DOES NOT RANK ABOVE A LIEUTENANT, (3) THAT HIS APPOINTMENT WAS MADE BY COMPETENT AUTHORITY FOR DUTY WITH A PARTICULAR OFFICER DESIGNATED BY NAME, AND (4) THAT THE DUTY HE PERFORMS FOR THE REAR ADMIRAL IS EXCLUSIVELY AND STRICTLY PERSONAL, CONFIDENTIAL, AND OF A ROUTINE CHARACTER AS CONTRASTED WITH GENERAL STAFF DUTY.

ASSISTANT COMPTROLLER GENERAL GINN TO LIEUT. COMMANDER CHARLES C. COPP, UNITED STATES NAVY, JANUARY 27, 1927:

THERE WAS RECEIVED DECEMBER 24, 1926, YOUR APPLICATION FOR A DECISION AS TO WHETHER LIEUT. RALPH U. HYDE, UNITED STATES NAVY, IS ENTITLED TO THE $200 ADDITIONAL COMPENSATION AS AID TO REAR ADMIRAL B. F. HUTCHISON, UNITED STATES NAVY, COMMANDANT OF THE NAVY YARD, WASHINGTON, D.C.

THE FOLLOWING ORDER WAS ADDRESSED TO LIEUTENANT HYDE FROM THE BUREAU OF NAVIGATION UNDER DATE OF DECEMBER 3, 1926:

SUBJECT: TO DUTY AS AID TO COMMANDANT, NAVY YARD, WASHINGTON, D.C.

1. YOU WILL REPORT TO REAR ADMIRAL BENJAMIN F. HUTCHISON, U.S.N., COMMANDANT, NAVY YARD, WASHINGTON, D.C., FOR DUTY AS HIS AID.

2. THE SECRETARY OF THE NAVY HAS DETERMINED THAT THIS EMPLOYMENT ON SHORE DUTY IS REQUIRED BY THE PUBLIC INTERESTS.

THE RIGHT OF LIEUTENANT HYDE TO ADDITIONAL PAY AS AID IS FOR DETERMINATION UNDER SECTIONS 1098 AND 1261 OF THE REVISED STATUTES AS MADE APPLICABLE TO OFFICERS OF THE NAVY BY THE ASSIMILATING CLAUSE IN SECTION 13 OF THE NAVY PERSONNEL ACT OF MARCH 3, 1899, 30 STAT. 1007. THE AMOUNT OF ADDITIONAL PAY (IF ANY) HE SHALL RECEIVE IS THAT PRESCRIBED FOR AIDS IN THE NAVY BY THE ACT OF MAY 13, 1908, 35 STAT. 128, AS FOLLOWS:

* * * AIDS TO REAR-ADMIRALS EMBRACED IN THE NINE LOWER NUMBERS OF THAT GRADE SHALL EACH RECEIVE $150 ADDITIONAL PER ANNUM, AND AIDS TO ALL OTHER REAR-ADMIRALS $200 ADDITIONAL PER ANNUM EACH. * * *

REAR ADMIRAL HUTCHISON IS EMBRACED WITHIN THE UPPER HALF OF HIS GRADE (SEE ACT AUGUST 29, 1916, 39 STAT. 577-578) AND CONSEQUENTLY THE RATE OF PAY TO WHICH HIS QUALIFIED AID WOULD BE ENTITLED IS $200 ADDITIONAL PER ANNUM.

THE QUALIFICATIONS OF AN AID IN THE NAVY, HOWEVER, SHOULD BE DETERMINED UNDER SECTIONS 1098 AND 1261 OF THE REVISED STATUTES AND THE NAVY PERSONNEL ACT OF MARCH 3, 1899, SUPRA, BY ASSIMILATION TO THE QUALIFICATIONS FOR AID IN THE ARMY--- I.E., (1) THE OFFICER MUST NOT RANK ABOVE A LIEUTENANT; (2) THE DUTY PERFORMED FOR THE REAR ADMIRAL MUST BE EXCLUSIVELY AND STRICTLY PERSONAL, CONFIDENTIAL, AND OF A ROUTINE CHARACTER AS CONTRASTED WITH GENERAL STAFF DUTY; AND (3) BECAUSE OF THIS PERSONAL ELEMENT, THE ASSIGNMENT MUST BE FOR DUTY WITH A PARTICULAR OFFICER DESIGNATED BY NAME. KNOX V. UNITED STATES, 52 CT.CLS. 22; MCLEAN V. UNITED STATES, 52 CT.CLS. 30; PALMER V. UNITED STATES, 52 CT.CLS. 31; 24 COMP. DEC. 336, 570; 26 ID. 249; 10 MS. COMP. GEN. 1204.

BEFORE THE ADDITIONAL PAYMENT MAY BE AUTHORIZED IN ANY CASE IT MUST CLEARLY APPEAR FROM ACCEPTABLE VOUCHERS THAT THESE QUALIFICATIONS HAVE BEEN MET AND THAT THE MAXIMUM NUMBER OF AIDS AUTHORIZED BY SECTION 1098 OF THE REVISED STATUTES HAS NOT BEEN EXCEEDED. THE PRESENT SUBMISSION FAILS TO MEET EITHER OF THESE REQUIREMENTS.

IT MUST BE HELD, UPON THE RECORD PRESENTED, THAT PAYMENT OF AID PAY AT $200 ADDITIONAL PER ANNUM TO LIEUTENANT HYDE IS NOT AUTHORIZED.